The winding-up procedure is simply a key component in the process of redressing damages – regardless of whether it is simply a road collision, flooding of the flat or demolition of photovoltaic panels. It is at this phase that the insurance company analyses the event and decides whether to pay compensation, and if so – to what extent. What is worth knowing about this? What are its stages? And most importantly – can you question the insurer's decision?
What is liquidation?
The winding-up procedure is simply a procedure carried out by the insurance undertaking after the injured individual has reported the damage. It applies to any situation covered by insurance – from road accidents to harm to agriculture or harm to property.
The main objectives of the winding-up procedure are:
- determining the circumstances of the event,
- determining the work of the perpetrator,
- an assessment of the liability of the insurer.
On the basis of these findings, it is decided to grant (or refuse) compensation.
Importantly, this procedure protects both parties – the perpetrator and the victim. The perpetrator does not bear the cost of harm from his own pocket (if he has an OC), and the injured individual does not gotta trust only on the solvency of the perpetrator – he may claim from his insurer.
What is the result of the liquidation procedure?
The injury elimination process can be divided into 3 main stages:
1. Injury report
This is the first step that always belongs to the victim. The harm can be reported in writing, by telephone, personally and increasingly besides via online forms. The description of the event should be as detailed as possible – inaccuracies or deficiencies may prolong the time of the case.
It is worth noting that the application looks somewhat different erstwhile the harm was caused abroad (Polish Office of Communication Insurers) or erstwhile the perpetrator had no valid OC insurance (Insurance warrant Fund).
2. Evidence
At this stage, the insurance company analyses the materials collected from the victim – photographs, witness statements, receipts for repairs, medical documentation, etc. The more evidence, the sooner the decision can be made.
Many insurance companies presently usage digital tools – e.g. applications that let the victim to mark the harm on the photos himself. This makes the evidence process more efficient than it was a fewer years ago.
3. Payment decision
The final phase is the decision to grant (or refuse) compensation. It may take into account the full claim, its part or exclude the liability of the insurance undertaking entirely.
Can you appeal the insurer's decision?
Yes – all injured individual has the right to complain. The appeal shall be free of charge and may lead to a change of decision, especially if fresh evidence has emerged – e.g. medical opinion or papers which have not previously been taken into account.
The appeal should indicate a unique case number and clearly state fresh facts or arguments. This increases the chances of a affirmative consideration.
An crucial aspect is besides the distribution of the evidence burden. In liquidation proceedings, insurance undertaking has an work to explain all the circumstances of the event. It must besides find whether there are grounds for reducing the compensation (e.g. the victim’s accomplice) or for excluding it altogether.
How long has the liquidation procedure been going on?
The duration of the winding-up procedure shall be governed by law:
- 30 days – the basic time limit for the decision from the date of notification of the damage;
- 14 days – an additional period, if it is essential to clarify circumstantial circumstances;
- 90 days – the maximum duration of proceedings, unless it requires prior settlement in criminal or civilian proceedings.
Protracting decisions beyond this time limit – without any valid reason – may be the basis for further claims or complaints.
Summary
The liquidation procedure is not only a formality – it is the foundation on which compensation is based. Therefore, it is so crucial that the victim knows how to pass them decently and knows his rights. In case of doubt, it is worth utilizing the aid of professionals who will guarantee appropriate preparation of papers and effective redress.
You had an accident and you want to study the harm to the insurance company? Take advantage of expert experience and fight for full compensation!
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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